• Posted

Representing the daughter and three grandchildren of the deceased in handling the claim launched by the second wife of the deceased further to the Inheritance (Provision for Family & Dependants) Act 1975.

The wife (of over 25 years) received very modest benefit under the poorly drafted Will that set her on a course of conflict with the deceased’s family from his first marriage.  The claim was complicated by a number of factors including the high emotion of the parties, allegations in relation to the lifetime conduct of the deceased, the fact that all three grandchildren were under 18 and required involvement of a litigation friend, the estate assets primarily tied up in property, dual beneficiary and executor role of the daughter and continuing occupation of the main property asset by the wife giving rise to need for consideration of possession action.

Successful resolution on negotiated terms preserving the maximum interest in the liquid assets of the estate and achieving a clean break style conclusion that was then approved by the court at a settlement approval hearing.

Matter value: Estate value over £¼m